Judge dismisses lawsuit against Morris County from officer who refused to fire gun while pregnant

MORRIS COUNTY — A judge today dismissed a lawsuit filed by a Morris County sheriff’s officer who claimed she was discriminated against while pregnant when she was required to shoot a gun for periodic firearms qualifications.

Superior Court Judge Stephan Hansbury, sitting in Morristown, ruled the county did not discriminate against Detective Sgt. Moire Reilly by requiring her to satisfy firearms qualifications, as all other sheriff’s officers must do.

"There simply is no evidence the law against discrimination was violated" by the Morris County Sheriff’s Department, Hansbury said.

As part of police qualifying procedures, sheriff’s officers are required to fire a gun twice a year, but three months apart. After qualifying once in 2006, Reilly refused to do the second part after she became pregnant. She submitted a note from her physician asking to have the qualification postponed until after the pregnancy because the doctor said there could be a risk of harm to the unborn child from noise or lead exposure from ammunition.

The department would not postpone it, but offered accommodations to reduce noise, including shooting outdoors, alone, or with soft-body armor, as well as lead-free ammunition and to have the gun cleaned by someone else, said Domenick Carmagnola, an attorney for the county.

Reilly had been working in a community-service division that did not require her to carry a weapon. The county placed her in a 60-day ‘alternate duty’ program typically available only to disabled workers, and she continued to perform the same job she had been doing and continued to be paid, said her attorney, Robert Kobin.

After the 60 days were up, she asked to be extended another 60 days, but the county refused. She was required to temporarily leave work March 2, 2007 and collect $120 a week in disability pay rather than her full salary, which now is $105,541 per year.

Reilly sued Morris County. Kobin argued that because alternate duty was the same exact job she had been doing that did not require a gun, the shooting-qualification should not have been strictly enforced. Carmagnola countered that alternate duty was a beneficial exception for Reilly that was not available to all other employees. Hansbury agreed and dismissed the lawsuit. Kobin said Reilly would appeal.

After giving birth in May 2007, Reilly returned to work in August 2007 and qualified almost immediately with her firearm.